A judge dismissed a homicide charge for the driver in a fatal crash in Franklin Lakes.S.P. Sullivan/NJ.com

HACKENSACK — A judge dismissed an indictment of first-degree vehicular homicide against a Hawthorne man who crashed his SUV into a train in Franklin Lakes, killing the front-seat passenger, the Record reported Monday.

An expert said Jeffrey Cohen, 20, was driving under the influence of marijuana based on samples of the drug found in Cohen's blood after the crash.

But Matthew Priore, Cohen's defense attorney, countered with testimony from another expert, who said marijuana can stay in the body for several days, especially for heavy users like Cohen.

Cohen had planned to join the U.S. Coast Guard before facing the homicide charge.

Cohen crashed into a freight train in Franklin Lakes in January 2011, killing passenger Marcus Ruta, 20, of Hawthorne.